Matt Carthy (Cavan-Monaghan, Sinn Fein)
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258. To ask the Minister for Enterprise, Trade and Employment the circumstances under which he would not grant an export licence in relation to a commercial dual-use item with military applications on the basis of the state in which an end user or consignee is based; and if he will make a statement on the matter. [36922/24]

Peter Burke (Longford-Westmeath, Fine Gael)
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Dual-use items are products and components, including software and technology, that can be used for both civil and military applications. The bulk of Dual-use exports from Ireland are mainstream business ICT products, mainly software, that are categorised as Dual-use items as a consequence of fact that they incorporate strong encryption for ICT security purposes.

My Department is the National Competent Authority with responsibility for Export Controls, including Controls on defence-related exports and exports of Dual-Use goods. Controls on the export of Dual-use items are administered by my Department, in accordance with Regulation (EU) 2021/821 of the European Parliament and of the Council setting up a Union regime for the control of exports, brokering, technical assistance, transit and transfer of dual-use items. The EU dual-use regulation has direct effect across the EU. The recently commenced Control of Exports Act 2023, streamlines and strengthens the existing Irish export control framework, replacing the Control of Exports Act 2008 and provides for effective, proportionate and dissuasive penalties for infringements of the regulation’s provisions

Each export authorisation application is carefully considered by my officials in accordance with criteria set out within the relevant dual-use and military EU and National Regulations and with Ireland’s international obligations and responsibilities as members of non-proliferation regimes and export control arrangements.

On receipt of an application for an export authorisation, my officials carry out a considered assessment which includes a series of checks to ensure, as far as possible, that the item to be exported will be used by the stated end-user for the stated end-use in the country indicated and will not be used for illicit purposes. As part of the application, the exporter must provide an end-user certificate, which is a declaration from the end-user that the goods will be used for the intended purpose.

My officials seek the views of the Department of Foreign Affairs in respect of all applications for export licences. Both my own Department and the Department of Foreign Affairs review all dual-use export licence applications against the eight assessment criteria set out in Council Common Position 2008/944/CFSP.

My Department will deny a licence application if there are any concerns that the goods being exported will be used for a military end-use or if the exporter does not provide sufficient information on the intended end-use for my officials to make an informed decision.